Excerpt: ...y had and received, (6) Common counts – Moneys lent, (7) Negligent misrepresentation; (8) Promissory estoppel, (9) Breach of fiduciary duty, (10) Actual fraud, (11) Violation of Business and Professions Code section 17200, (12) Conversion, and (13) Violation of Penal Code section 496. Defendants TD Capital, LLC, Medline Management Corporation, and Colony Capital, LLC (collectively, “Cross-Complainants”) filed a cross-complaint asserting cau...

Excerpt: ...ff] as part of the Dental Assistant program at Career Care Institute with Gateway Dental Group . . . as a student intern following her assignment to [Defendant] and the reasons for the change in assignment.” (Declaration of Colleen M. Mullen, Exh. #3.) Plaintiff moves to quash this subpoena. If a subpoena requires deposition testimony or the production of documents, the Court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 19...

Excerpt: ...s International Airport. Plaintiff named 19 different companies that may have been responsible for Decedent's death. Now, Ingersoll Rand, Inc. (“Defendant”) moves for summary judgment. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would all...

Excerpt: ...laintiffs paid Defendant Global a total of $30,000 for the purported loan modification. However, in March 2010, Defendant Laura Ngocdiep Mai, also known as Jacqueline Mai (“Defendant Mai”) forged a quit claim deed transferring the property. The quit claim deed was notarized by Defendant Sandy Lorraine Alvarez-Molina (“Defendant Alvarez-Molina”). Based upon these allegations, Plaintiffs assert causes of action for fraud, fraudulent conveya...

Excerpt: ...laintiff must allege the elements set forth in the punitive damages statute, Civil Code section 3294. (Coll. Hosp., Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) Per Civil Code section 3294, a plaintiff must allege that the defendant has been guilty of oppression, fraud or malice. (Civ. Code, § 3294, subd. (a).) “Malice is defined in the statute as conduct intended by the defendant to cause injury to the plaintiff or despicable conduct wh...

Excerpt: ...sabilities Act (the “ADA”), The Unruh Civil Rights Act (the “Unruh Act”), and the California Disabled Persons Act (the “Disabled Persons Act”). Now, Defendant moves for summary judgment, as well as attorney's fees, which Plaintiffs oppose. The Court grants Defendant's motion for summary judgment but denies Defendant's motion for attorney's fees. FACTUAL BACKGROUND Plaintiffs are disabled and cannot drive. (Plaintiffs' Separate Stateme...

Excerpt: ...h of covenant of quiet enjoyment 5. Negligence 6. Harassment 7. Intentional infliction of emotional distress 8. Negligent infliction of emotional distress 9. Discrimination under federal law 10. Discrimination under the Unruh Civil Rights Act 11. Discrimination under FEHA Now, Defendant demurs to the second, fourth, seventh, eighth, ninth, tenth, and eleventh causes of action. Defendant also moves to strike the prayer for punitive damages and rel...

Excerpt: .... Failure to Engage in Good Faith Interactive Process 6. Retaliation under Government Code section 12945.2 7. Declaratory Judgment 8. Wrongful Termination in violation of Public Policy Now, Defendant moves for summary judgment or, in the alternative, summary adjudication, which Plaintiff opposes. The Court denies summary adjudication of Plaintiff's claims that she was terminated for taking medical leave. The Court denies summary adjudication of t...

Excerpt: ...client, believed to be Famosa, Inc. (“Famosa”), in a manner that injured Plaintiff, another Lewis Brisbois client. (First Amended Complaint, ¶ 10.) The amount of payment for damage during interstate transportation is limited by the Carmack Amendment. (Id., ¶ 14.) Plaintiff alleges that Famosa, which imports marble, sought a legal opinion from Lewis Brisbois to determine whether Famosa could “sidestep the limits of the Carmack Amendment an...

Excerpt: ... be adopted, and the case shall be dismissed without prejudice. Plaintiff Charles A. Mattera (“Mattera”) and United Studios of Self-Defense, Inc. (the “Studio”) (collectively, “Plaintiffs”) filed this action against two sets of defendants. First, Plaintiffs named the State of California, Department of Financial Protection and Innovation and certain employees (collectively, the “State of California” or the “State”). Second, Pla...

Excerpt: ...a property and hired Allied Nationwide Security (“Allied”) to provide security services. Allied assigned Plaintiff, a security guard, to provide security for the project. On January 12, 2019, Plaintiff was working on the property when a wooden door fell on him, causing injury. Plaintiff asserts causes of action for premises liability, negligence, and negligence per se. MCRT moves for summary judgment, which Plaintiff opposes. Defendants also ...

Excerpt: ...on (intentional infliction of emotional distress). A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., § 438, subd. (f).) “Like a demurrer, the grounds for the motion [for judgment on the pleadings] must appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Civic Partners ...

Excerpt: ...statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successor or assigns, which arises out of or relates to you credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shal...

Excerpt: ...uh would invest $200,000 and would receive a 20 percent interest in CMC. (Complaint, ¶¶ 14-19, 21.) Plaintiff also alleges that after he executed the contract in 2018, Clayton and another defendant, Donald Anderson, demanded that he “invest additional funds into the business, as well as invest substantial time and money setting up the growing and processing aspects of the business.” (Complaint, ¶ 27.) Suh alleges that he complied with thei...

Excerpt: ...it to entry of this tentative order without further hearing. INTRODUCTION Plaintiff Elizabeth Harandi (“Plaintiff”) filed this action against Farshad Harandi (“Defendant Harandi”), Rodeo Realty, Inc. (“Rodeo Realty”) and Malibu Escrow Company (“Malibu Escrow”) asserting causes of action for breach of fiduciary duty, negligence/gross negligence, fraud, intentional infliction of emotional distress, negligent supervision, and unjust ...

Excerpt: ...yong Lee (collectively, “Plaintiffs”) filed this action following damage to a retaining wall dividing three separate properties: (1) Plaintiffs' property (the “New Hampshire Avenue property”), (2) Property owned by Defendants Jeffrey and Shirley Liyanto until February 2019, when they transferred the property to Defendant Britestone Berendo Holdings, LLC (the “South Berendo Street property”), and (3) Property owned and managed by Defen...

Excerpt: ... 29, 2022. A. Motion to Compel Further Responses If the propounding party deems responses to requests for production of documents unsatisfactory, the propounding party may move to compel further responses. The Court rules as follows: RPD #1 – Granted. Defendant's response does not comply with section 2031.230. This response is not code-compliant because it does not state clearly that Defendant has no itemized wage statements beyond the pay stub...

Excerpt: ...n for harassment under the Fair Employment and Housing Act (“FEHA”), Government Code sections 12940 et seq. Now, Flores moves for summary judgment. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier ...

Excerpt: ...U/A/D dated April 18, 2020.” The cross-complaint asserts the following causes of action: (1) Equitable indemnity re: contract damages; (2) Equitable indemnity re: tort damages; (3) Fraud; (4) Breach of fiduciary duty; (5) Elder abuse; and (6) Preliminary and permanent injunctive relief. On June 22, 2021, the Court relieved McBride's former counsel, Mr. Richard A. Kolber, Esq. On July 8, 2021, McBride's current counsel, Mr. Armen G. Militian, Es...

Excerpt: ...tative order also noted that the jury fees had not been paid by either party, and the Court would not decide Plaintiff's motion for attorney's fees and any motion to tax costs by Defendant until these fees are paid. Each party owes $807.91. Plaintiff's counsel appeared at the hearing, but Defendant's counsel did not appear. Plaintiff's counsel informed the Court that he was in the process of paying the outstanding jury fees. According to Plaintif...

Excerpt: ...m representing EM Express. This order is conditioned on Mr. Zakhary serving this order upon EM Express, by and through its representative, and filing a proof of service. Once Mr. Zakhary does so, he shall be relieved. B. Order to Show Cause re: Striking the Answer of EM Express On May 5, 2022, the Court issued an Order to Show Cause why it should not strike the answer of the entity defendant—which is EM Express—for lack of representation. The...

Excerpt: ...2 Portafino Place in Whittier, California (the “Portafino property.”) Per the agreement, Barry contributed $60,000 to the down-payment of the property, and Paredes would make the mortgage payments until the time when she would repay Plaintiff and Paredes would refinance the property and pay back Barry. However, Paredes has refused to refinance the loan or sell the property, and Barry has not been reimbursed. Paredes filed a cross-complaint ag...

Excerpt: ...nd about unsafe working conditions, following which he was terminated. Defendant moves for summary judgment, which Plaintiff opposes. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable t...

Excerpt: ...and Plaintiff alleges that SoCal is owned and operated solely by Shitrit. Plaintiff alleges as follows: This is a case of a husband deceiving his wife by taking title to the family home in his own name, and then systematically, though a scheme involving the co-defendants, depleting the equity from the home, causing the home to be sold, and keeping the proceeds for himself. After taking title to the family home as a single, unmarried man, Defendan...

Excerpt: ...Lindholm” or “Respondent”) to arbitrate the parties' dispute. Petitioner alleges as follows: On February 16, 2021, Petitioner and Respondent entered into a written agreement pursuant to which Petitioner would provide certain services to Respondent, including provision of space accommodations for Respondent's horses, daily feeding, and space cleaning. (Petition, ¶ 1 & Exh. 1.) The agreement has an arbitration provision. (Id., ¶ 2 & Exh. #1...